Federal Laws that Protect Bald Eagles

Bald and Golden Eagle Protection Act

The bald
eagle will continue to be protected by the Bald and Golden Eagle
Protection Act even though it has been delisted under the Endangered Species Act.
This law, originally passed in 1940, provides for the protection
of the bald eagle and the golden eagle (as amended in 1962) by prohibiting
the take, possession, sale, purchase, barter, offer to sell, purchase
or barter, transport, export or import, of any bald or golden eagle,
alive or dead, including any part, nest, or egg, unless allowed
by permit (16 U.S.C. 668(a); 50 CFR 22). "Take" includes pursue,
shoot, shoot at, poison, wound, kill, capture, trap, collect, molest
or disturb (16 U.S.C. 668c; 50 CFR 22.3). The 1972 amendments increased
civil penalties for violating provisions of the Act to a maximum
fine of $5,000 or one year imprisonment with $10,000 or not more
than two years in prison for a second conviction. Felony convictions
carry a maximum fine of $250,000 or two years of imprisonment. The
fine doubles for an organization. Rewards are provided for information
leading to arrest and conviction for violation of the Act.

Migratory
Bird Treaty Act

The Migratory Bird Treaty Act
is a Federal law that carries out the United States commitment
to four international conventions with Canada, Japan, Mexico and
Russia. Those conventions protect birds that migrate across international
borders.

The take of all migratory birds, including
bald eagles, is governed by the Migratory Birds Treaty Acts
regulations. The Migratory Bird Treaty Act (MBTA) prohibits the
taking, killing, possession, transportation, and importation of
migratory birds, their eggs, parts, and nests except as authorized
under a valid permit (50 CFR 21.11). Additionally, the MBTA
authorizes and directs the Secretary of the Interior to determine
if, and by what means, the take of migratory birds should be allowed
and to adopt suitable regulations permitting and governing take
(for example, hunting seasons for ducks and geese).

Penalties under the MBTA include a
maximum of two years imprisonment and $250,000 fine for a felony
conviction and six months imprisonment or $5,000 fine for a misdemenor
conviction. Fines double if the violator is an organization rather
than an individual.

The MBTA and its implementing regulations
provide authority for the conservation of bald eagles and protect
against take if the Endangered Species Act protections are removed.

Lacey
Act

The Lacy Act was passed in 1900, and protects bald eagles by making it a Federal
offense to take, possess, transport, sell, import, or export their
nests, eggs and parts that are taken in violation of any state,
tribal or U.S. law. It also prohibits false records, labels, or
identification of wildlife shipped, prohibits importation of injurious
species and prohibits shipment of fish or wildlife in an inhumane
manner. Penalties include a maximum of five years and $250,000 fine
for felony convictions and a maximum $10,000 fine for civil violations
and $250 for marking violations. Fines double for organizations.
Rewards are provided for information leading to arrest and conviction.
violation of the Act. For more information on the Lacey Act